News & Analysis as of

Medical Records Confidential Information

Court Approves Defendant’s Proposed Random Sampling Production Plan: eDiscovery Case Law

by CloudNine on

In Duffy v. Lawrence Memorial Hospital, No. 14-2256 (D. Kansas, Mar. 31, 2017), Kansas Magistrate Judge Teresa J. James granted the Motion to Modify Discovery Order from the defendant (and counterclaimant), where it asked the...more

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

Loose Lips Can Constitute Interference with FMLA Leave

by Akerman LLP - HR Defense on

Disclosure of medical confidential information can result in a Family and Medical Leave Act (FMLA) interference claim, even when the employer does not actually interfere with the employee’s right to take FMLA leave. So held a...more

Recordkeeping Compliance Tips

by SmithAmundsen LLC on

Nondiscrimination and privacy laws make recordkeeping a daunting task. Here are some compliance tips for today’s highly legislated and regulated business world: KNOW THE FILE TYPES - Not all files are the same....more

Confidentiality of Alcohol and Drug Abuse Patient Records - Final Rule Revising Regulations

by Ruder Ware on

The Department of Health and Human Services (HHS) has released a final rule to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records regulations effective February 17, 2017. ...more

Eight Things to Know About the New Federal Substance Use Disorder Privacy Rule

by Foley & Lardner LLP on

A final rule published on January 18 implements the first major revisions to the federal regulations governing the confidentiality of substance-use disorder patient records (Part 2) since 1987. It finalizes a proposal from...more

Disclosing an Employee's Medical Condition May Result in an Automatic FMLA Violation

by Franczek Radelet P.C. on

This is a story about Scott. He has a medical condition affecting his genito-urinary system. In the words of my two-year old, Maggie, this condition sounds yucky. Like other employees with a genito-urinary disorder,...more

Physicians Must Be Cautious When Responding To A Subpoena or Request for Medical Records

by Burr & Forman on

Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more

New Position Statement Procedures in Effect at the EEOC

On February 18, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced a new nationwide procedure? providing for the release of respondent position statements and nonconfidential attachments to charging...more

The EEOC’s New One-Way Street: Providing Position Statements to Charging Parties

by Genova Burns LLC on

Effective February 18, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) will uniformly allow employees bringing unlawful discrimination claims to gain access to the employer’s Position Statement submitted in...more

EEOC Grapples with Proposed Rule Comments on Wellness Program; Additional Guidance Expected Soon

As we previously reported, the Equal Employment Opportunity Commission (EEOC) released Proposed Rules on April 16, 2015 to provide guidance under the Americans with Disabilities Act (ADA) on permissible employer incentives...more

Don't Fumble Your HIPAA Obligations: Ensure Your HIPAA Playbook Implements Appropriate Protections for Patients

by Polsinelli on

The injuries suffered by a professional football player brought the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA") onto center stage of the media during the days...more

Health Data Breach Victims Have Standing to Sue Says WV Supreme Court

The most common defense against class actions for data breach has itself been breached in a ruling last week by the West Virginia Supreme Court....more

FTC and Accretive Health Settle Unfair Business Practice Complaint Centered on Data Security Measures

by Tucker Arensberg, P.C. on

Accretive Health recently agreed to settle a Federal Trade Commission (FTC) complaint that stems from a July, 2011 incident in which an Accretive employee’s laptop was stolen from his car. As a medical billing and revenue...more

Recent HIPAA Settlement Highlights Danger of Failure to Perform Security Risk Assessments, Implement HIPAA Policies and Train...

A recent Health Insurance Portability and Accountability Act ("HIPAA") settlement, which is notable as the first HIPAA settlement with a covered entity for failure to have policies and procedures in place to comply with...more

Seven-Figure HIPAA Settlement Prompted by Photocopier Breach

The Office for Civil Rights’ (OCR) latest seven-figure fine for HIPAA violations resulted from a failure to remove protected health information or “PHI” from the hard drive of a leased photocopier. The $1,215,780 settlement...more

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